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HomeMy WebLinkAbout2021-11-01 SB-min Select Board Meeting November 1, 2021 A remote participation meeting of the Lexington Select Board was called to order at 7:01 p.m. on Monday, November 1, 2021 via Zoom remote meeting services. Ms. Hai, Chair; Mr. Lucente; Vice Chair, Mr. Pato, Ms. Barry, and Mr. Sandeen were present, as well as Mr. Malloy, Town Manager; Ms. Axtell, Deputy Town Manager; Ms. Katzenback, Executive Clerk. Ms. Hai stated that the meeting was being conducted via Zoom as posted, with the agenda on the Town’s website. Ms. Hai provided directions to members of the public watching or listening via the Zoom application, regarding the procedure for making a public comment. Ms. Hai reminded Board members, staff, and members of the public about Lexington’s Standard of Conduct regarding civil discourse during Town Government meetings. PUBLIC COMMENT Ingrid Klimoff, 18 Bacon Street, thanked the Board for appointing a Committee regarding the formation of a Housing Trust. She asked that the Town put more work into its website. She also noted that Massachusetts has an acute housing shortage and that the Town has a responsibility to help people find housing. TOWN MANAGER REPORT Mr. Malloy noted that the indoor mask mandate has been extended to January 15, 2022. SELECT BOARD CONCERNS AND LIAISON REPORTS In addition to previously submitted written Select Board Concern and Liaison reports that can be found in the meeting packet materials, members added the following updates/comments: Mr. Sandeen: rd  November marks the Human Rights Committee’s 3 annual No Hate November. There will be a small group discussion on Tuesday, November 9, 2021, at 5pm. Mr. Pato:  The Sustainable Lexington Committee would like to formally register its support for Articles 10 and 17 at the Fall Special Town Meeting, if there are no objections by the Board. There were no objections.  He has sent his detailed comments on the Planning Board articles to the Planning Board, staff, and included them in the agenda packet. Ms. Barry:  The Semi Quincentennial Commission is planning on a public outreach community meeting in th late February/early March for a high-level discussion of the Town’s 250 anniversary in 2025. th  This is Ms. Barry’s 7 anniversary sitting on the Board, and she announced that she has decided to run for reelection in March. 1 DOCUMENTS: Select Board Concerns and Liaison Reports—November 1, 2021; Memo from Mr. Pato to Planning Board and Staff—November 1, 2021, re: Concerns regarding Article 12 - Amend Zoning Bylaw Structures In Yards ; Memo from Mr. Pato to Planning Board and Staff—November 1, 2021, re: Concerns regarding Article 13 - Amend Zoning Bylaw Diversity, Equity, Inclusion, And Permitting. CONSENT AGENDA 1. Approve One-Day Liquor License To approve a One-Day Liquor License for Spectacle Management to serve beer and wine in the lobby of Cary Memorial Building, 1605 Massachusetts Avenue, for the purpose of one event as follows: Max Weinberg Musical Concert on Sunday, November 14, 2021 from 6:00pm to 10:00pm. 2. Select Board Committee Resignation To accept the resignation of Robert Hausslein from the Lexington Bicycle Advisory Committee effective immediately. DOCUMENTS: Resignation Letter - R. Hausslein 3. Lexington Farmer’s Market Winery Request – House Bear Brewing – PULLED FOR INDIVIDUAL CONSIDERATION, see below 4. VOTE: Upon a motion duly made and seconded, the Select Board voted 5-0 by roll call to approve Consent Agenda items 1 and 2. Pulled Consent Items to be voted separately: 3. Lexington Farmer’s Market Winery Request – House Bear Brewing There was discussion about consulting with the School Committee, as the Lexington Farmer’s Market is being held on at the Worthen Road practice field school ground. Ms. Katzenback noted that she contacted both the School Committee Chair and the Recreation Committee. She did not hear back from the School Committee as to any objections on this item; the Recreation Committee responded that it has no objections. ACTION: Follow up with the School Committee regarding their approval to allow House Bear Brewing to sell alcohol for off-premise consumption at the November Lexington Farmers Market. House Bear Brewing will then be scheduled for a future agenda for Select Board Review. ITEMS FOR INDIVIDUAL CONSIDERATION 1. Massachusetts Avenue Road Closure Request – Hancock United Church of Christ Ms. Barry recused herself as an employee of the Church. Mr. Sandeen recused himself as a member of the Church. There were no questions from the public or Board. Upon a motion duly made and seconded, by roll call, the Select Board voted 5-0 to approve Hancock United Church of Christ's request for a road closure from Massachusetts Avenue at Bedford Street 2 westerly to Massachusetts Avenue at Harrington Road on Sunday, December 5, 2021 from 9:00am to 12:00pm for the purpose of the annual Manger Sunday service on the front lawn of 1912 Massachusetts Avenue. DOCUMENTS: Massachusetts Avenue Road Closure Request for Hancock United Church of Christ's Manger Sunday Service on 12-05-21 Ms. Barry returned to the meeting. 2. Review and Approve Location of Public Safety Monopole at New Police Station Director of Public Facilities, Mike Cronin, stated that the preferred location for the monopole is behind the new Police Station. There is room in the new garage that will hold all necessary equipment and allow for easy access. He noted that, although working in coordination with the new Police Station, the monopole is a separate project. In response to a question from Mr. Lucente regarding the proposed location near the bike path, Mr. Cronin explained that, if the monopole is moved to the back of the building, there would be parking spaces included in the area near the bike path on the plan. In response to a question from Mr. Lucente regarding this project being visible from the street, Mr. Cronin stated that the Historic District Commission will be consulted on this project as well. Dawn McKenna, 9 Hancock Street, Precinct 6 Town Meeting Member, asked about the overall diameter of installation of the monopole. Mr. Cronin stated this to be 5’ all the way up the monopole. Ms. McKenna also noted that she supports the previously proposed location for the monopole, instead of the one behind the building. Upon a motion duly made and seconded, by roll call, the Select Board voted 5-0 to approve the location of the monopole behind the new police station. DOCUMENTS: Antenna Rendering; Different Antenna Locations; Site Plan 1; Site Plan 2 2. Continued Discussion Regarding American Rescue Plan Act (ARPA) Funding Priorities and Process Mr. Malloy stated that ARPA funding goes through the end of 2024. There were a number of requests presented to the Select Board for these funds, which were considered to choose ones focused on the local economy. The plan being presented highlights certain projects for 2022, 2023, and 2024, with the projection to spend approximately $3M the first year, $2.5M the second year, and $900,000 the third year. This is a total of approximately $6.355M of the full $9M allocated to the Town. A number of requests were received from local businesses, the Chamber of Commerce, and some local private schools/preschools. Thus, this plan sets aside $50,000/year each for Committee/Community Requests and Other Community Requests. There is also $500,000/year set aside for a participatory budgeting process. $1M was also set aside for broadband improvements and $1M toward the water tower replacement project. Mr. Lucente stated that he believes this list could still be narrowed a bit. He is interested in the participatory budgeting process. His concern is that some of the items on the list look to be ones that the 3 Town would have completed anyway, and he was hoping the ARPA funds would be for extraordinary items to help those most in need. In response to a question from Ms. Barry regarding funding for vaccine storage coolers, Carolyn Kosnoff Assistant Town Manager – Finance, explained that the Town is still applying to FEMA for certain expenses, including items such as this. Ms. Barry suggested that outdoor tents could be added to the list so that the Town and Community Center can continue to hold outdoor programming. In response to a question from Ms. Barry regarding the Recreation Department’s request for broadband, Mr. Malloy stated that that request in not included in this plan, as he would need to see more information about the benefits of the request. Mr. Pato agreed with the participatory budgeting process item. He also echoed Mr. Lucente’s comments regarding focusing these funds on small businesses or residents in Town that were most effected by the pandemic. He would thus be inclined to increase the amount of funds set aside in the community lines. He also agreed with Ms. Barry’s suggestion for outdoor tents. Ms. Hai noted that some of these funds could be used to explore the housing proposal previously discussed. Mr. Malloy stated that he believes there are still too many unknowns yet to include this. He did note that funds are included in the plan for rental assistance. Ms. Hai stated that she would like to move forward with also exploring the means to create new housing opportunities in Town. Mr. Sandeen agreed that this could be an opportunity to look into affordable housing in Town. He also agreed with the item on participatory budgeting and more funding for the community lines. He suggested some of the funds could be used to place air quality sensors in Town classrooms and offices, in a way to better address the health of the Town. In response to a question from Mr. Sandeen regarding a Bicycle & Pedestrian Plan, Mr. Malloy noted that the Town is currently part of a three-town bike/ped planning process with Arlington and Bedford. There has been discussion with business owners about attracting people to the backs of these buildings from the bikeway. Making the backs of these buildings more interesting could create economic potential. More information is needed on the cost of this and similar projects. Mr. Sandeen noted that there has been interest in putting a comprehensive Bike/Ped Plan in place and this could be a good venue to do so. He also noted that he would like for these funds to be used for projects that the Town was not already planning on pursuing. Ms. Barry noted her support for the participatory budgeting item. She also suggested looking into funding for the food pantry. Mr. Lucente suggested funding for additional bike racks to inspire additional growth of the bikeway. Dawn McKenna, Chair of the Tourism Committee, noted that she supports an upgraded Town website. She noted that the Liberty Ride trolley is not included on this list but is 15 years old and will eventually need to be replaced. She asked that Town staff come to speak with the Tourism Committee on other possible items to include. 4 Bridger McGaw, 89 Meriam Street and Precinct 6 Town Meeting member, CPC funding could be used to support some of the proposed bike racks and bike/ped infrastructure mentioned. Thus, these funds could be used to support small businesses effected by the pandemic. ACTIONS: This plan will come back before the Board at a future date for more discussion. DOCUMENTS: ARPA Spending Plan 3. Review and Approve Small Cell Wireless Installation Policy Ms. Hai noted that this was originally reviewed by the Board in 2020. At that time, it was noted that the policy needs to be in place before applications are received in order to regulate them. The first application is now on file, so this is a time-sensitive issue. Mr. Lucente explained that other policies from around the country were reviewed in drafting this policy, but none had imagery of examples to put into the policy for design standards. The Board discussed possibly reviewing this as a Consent Agenda item at the November 15, 2021, meeting. Steve Kaufman, Precinct 5 Town Meeting member and Communications Advisory Committee member, asked that the Board move this forward, as it is important for the Town’s communication infrastructure. ACTIONS: The Board will hear this again on November 15, 2021, and any substantive changes will be redlined in a memo to the Board prior to the meeting. DOCUMENTS: Small Cell Wireless Installation Policy - Final Draft 4. Approve Capital Stabilization Framework Mr. Malloy noted that this policy has been in the works for a year. It has gone through a rigorous process with financial working groups and the Board was previously supportive of it. This policy would take the net new property tax revenues generated from either a Preliminary Site Development and Use Plan (PSDUP) or a project that was part of the recently approved rezoning on Hartwell Avenue and put the funds aside into the Capital Stabilization Fund. These funds would grow on an annual basis so that it becomes part of the Town’s funding mechanism to help cover the future debt from the high school. In response to a question from Mr. Sandeen regarding the proposed projects associated for these tax revenues, Mr. Malloy stated that these are the projects at 1050 Waltham Street, 186 Bedford Street, 40 Bedford Street, 475 Bedford Street, and the 95/99 Hayden Street project. The policy requires that each year the Town Manager make a presentation to the Select Board and others regarding how much has built up and should be set aside. There was discussion on some wordsmithing items within the policy. David Kanter, Vice President of the Capital Expenses Committee, noted that the group has no objection to moving forward with this item. Mr. McGaw expressed excitement in seeing this policy completed. He questioned if, using this model, it would be more advantageous to have more projects greenlit and in the ground. Mr. Malloy stated that this would be helpful in building the Capital Stabilization Fund more quickly before the high school project is 5 complete. There is a design team review process that has occurred for some of these projects to be ready before going in front of the Planning Board. Upon a motion duly made and seconded, by roll call, the Select Board voted 5-0 to approve the Capital Stabilization Framework as substantively presented. ACTIONS: Non-substantive edits will be applied and a final copy of the policy sent to the Board. DOCUMENTS: Capital Stabilization Framework 5. Approve FY2022 Water and Sewer Rates Ms. Kosnoff explained that this proposal is the same as what was reviewed by the Board on October 12, 2021. There is an 8% increase in the water tiered rates and a 5.2% increase in the sewer rates. Combined, this is an overall 6.1% increase, or $54.60 for an average Lexington rate payer of 70 HCF per year. The water budget is going up 7.7% and the wastewater budget is up 4.1%; these are the primary drivers behind the rate increase. Summer usage has been a huge driver for both of these enterprise funds for the Town. As usage goes down, the cost per unit goes up. There is a healthy fund balance in both funds, but it is yet unknown what spring usage will look like and how people’s behaviors will change due to the pandemic. If usage is slightly under, the revenue targets may not be hit, but it is believed there is enough of a cushion to absorb that. Lexington’s usage compared to other MWRA communities also needs to be taken into consideration. If these rates are approved by the Board tonight, they will be effective for the bills sent out in November. In response to a question from Ms. Hai regarding Lexington being a pass through for both Burlington and Bedford, Ms. Kosnoff explained that the impact from Bedford in included in the overall system usage, but Burlington’s usage is monitored and billed to them. Mr. Sandeen suggested that the solution for Burlington be examined for Bedford as well. In response to a question from Ms. Barry regarding the cost per unit going up as usage goes down, Ms. Kosnoff stated that the proposed budget covers the MWRA assessment. Thus, that cost is being spread across fewer units or ratepayers, leading to an increase in cost. Ms. Barry noted that she is concerned with the 6% figure being so high. In response to a question from Mr. Sandeen regarding using some of the retained earning balance to lower the cost to users, Mr. Malloy explained that the fund balance can be used for non-recurring expenses. Ms. Kosnoff added that the balance is not usually used to offset operations because it is a one-time revenue. She explained that they are not trying to build a balance but set rates that will cover the budget. She noted that increased irrigation usage was almost the entire increase to the water budget. Upon a motion duly made and seconded, by roll call, the Select Board voted 5-0 to approve the proposed FY2022 water and wastewater rates shown on page 2 of the attached rate presentation. DOCUMENTS: Water and Sewer Rate Presentation The Board took a five-minutes recess from 8:45pm – 8:50pm. 6. Special Town Meeting 2021-1 Article Positions, Article Discussion and Consent Agenda The Board discussed the Consent Agenda. Board was in support of the proposed consent agenda. 6 The Board discussed the various Article positions. Ms. Barry registered her position on a few articles. On Article 2 - Appropriate for Prior Years’ Unpaid Bills, IP – yes; Article 3 - Establish, Dissolve and Appropriate To and From Specified Stabilization Funds – yes; Article 4 - Amend FY2022 Operating Enterprise and CPA Budgets – yes. There was discussion on Article 5 - Appropriate for Police Station Architectural Design and Swing Space Construction. This article contains two amounts, one for the work that needs to be done at 173 Bedford Street and the other related to the Police Station at 1575 Massachusetts Avenue. Christina Marshall, Anderson Kreiger, Town Counsel, noted that the Article language does seem to read that the full $870,000 is for the 173 Bedford Street project. Ms. Barry noted that she feels it is difficult to approve funds for 173 Bedford Street swing space prior to knowing if there will be approval at Town Meeting to proceed with the new Police Station. She noted that she would like to wait to voice a position on this Article at this time. In response to a question from Mr. Sandeen regarding if the funds not specified for 173 Bedford Street are planned to be spent prior to approval of the Police Station, Mr. Malloy explained that these funds could be spent on the design of the building so that there are good cost estimates moving forward to the spring Town Meeting. If the design and construction are not properly timed, the project will be off-season. The Board and Mr. Malloy discussed alternate wording for the Article to make it clearer. Mr. Cronin noted that the approximately $254,000 is for the design component at 1575 Massachusetts Avenue and the approximately $615,000 is for the construction work and remainder of the design work to take place it 173 Bedford Street. In response to a question from Ms. Barry, Mr. Cronin stated that the work on 173 Bedford Street will be put out to bid after January 1, 2022, if approved at Special Town Meeting. If this is not done in the correct timeframe, there will be a delay on all projects. Ms. Barry noted that she does not see an immediate need for the Police Station move to occur but does overall support the new Station. Mr. Cronin noted that one deterrent on waiting is accumulating eight months of escalation costs. Ms. Kosnoff agreed with changing the wording of this Article to make it clear which address the architectural design work is for, but requested that the bottom line, total budget number be left in, to allow for flexibility with the funds between the two projects. Mr. Sandeen suggested splitting the Article into two separate votes. There was not support for this among other Board members. Mr. Kanter noted that the Town will need a swing space eventually, so building it now at a better rate is an economically viable and proper solution. Upon a motion duly made and seconded, by roll call, the Select Board voted 5-0 to approve the proposed language for Article 5, “That the Town vote an appropriation for design, engineering, and architectural services, including production of construction documents at 1575 Massachusetts Ave., and for the construction phase of a temporary police station to be located at 173 Bedford Street in Lexington, and that to meet this appropriation $870,000 be raised in the tax levy.” Ms. Barry registered her position on a few more articles. On Article 6 Appropriate for Community Preservation Projects, – yes; Article 7 Appropriate for Westview Cemetery Building Construction – yes; Article 8 Climate Action Plan IP – yes. 7 The Board discussed their positions on Article 9 - Amend General Bylaw- Mount Independence Historic District: Ms. Hai – wait; Mr. Lucente – wait; Ms. Barry – wait; Mr. Sandeen – wait. The Board discussed their positions on Article 10 - Reducing Noise From Landscape Maintenance Equipment. Mr. Pato noted that he believes there is some misconception around this Article. The decibel ratings in this Article would be equivalent to approximately 110 decibels at the point of origin, which is a loud standard. He has asked the Committee for a list of equipment used in Lexington and the decibel ratings for each at a point of origin. He noted that the recommended standard for manufacturers set in 1974 is 94 decibels at the point of origin, so he does not believe this Article will create a situation where landscapers cannot operate. If this Article does do that, he is not in favor of it. Ms. Axtell noted that the Noise Advisory Committee will be meeting on Thursday to discuss this Article and possible update the language for clarity. Ms. Barry noted that she believes the language of the Article would disallow not only landscapers, but also homeowners and DPW workers from using certain kinds of equipment. Ms. Hai noted that she has had discussion with the Chair of the Noise Advisory Committee regarding changing the language to reflect seasonal limits only. Mr. Lucente stated that he would support seasonal limits but has serious concerns about this Article otherwise. Mr. Sandeen noted that he does believe setting noise limits is within the Board’s purview. He noted that current gas-powered leaf blowers violate not only the Town’s noise bylaw, but the State’s as well. Mr. Lucente noted that his concern is that this Article will essentially ban gas leaf blowers in Town. Ms. Hai stated that, as written, the Article is unclear, and she is uncomfortable with it. The Board reviewed their positions on this Article 10 - Reducing Noise From Landscape Maintenance Equipment. Ms. Hai – no; Mr. Lucente – no; Ms. Barry – no; Mr. Sandeen – wait; Mr. Pato – wait. Ms. Barry noted that she is a yes on Article 11 - Easements for the Town of Burlington. Ms. Barry noted that she is a no on Article 12- Amend Zoning Bylaw – Structure in Yards. Mr. Sandeen, Mr. Lucente, and Ms. Hai are still waits. In response to a question from Ms. Barry regarding the wording of Article 13 - Amend Zoning Bylaw- Diversity, Equity, Inclusion and Permitting, Charles Hornig, Planning Board Chair, stated that this language was found to be acceptable to all parties involved, including Ms. Duffield and the Human Rights Committee. Mr. Pato noted that, if these amendments do not prevail, he has asked the Moderator to split this into separate votes for section 1 and 4, and, 2 and 3 of the motion. His position is registered as a no for 2 and 3, and a yes for 1 and 4. Mr. Sandeen agreed that he would support 1 and 4, but not 2 and 3. Ms. Barry stated the same. Mr. Lucente and Ms. Hai are a yes on 1, 2, 3 and 4. 8 Mr. Hornig stated that the Planning Board will discuss these items on Wednesday. Mr. Pato noted that he supports Mr. Daggett’s substitute motion but does not support Mr. Canale’s proposal. The rest of the Board would like to wait on both of these items. Ms. Barry noted that she is a yes on Article 14 - Amend Zoning Bylaw- Solar Energy Systems. Ms. Barry noted that she is a no on Article 15 - Open Space Residential Development,, as it is currently written. Ms. Barry and Mr. Lucente noted that they are both a yes on Article 16 Amend Zoning Bylaw – Residential Parking. Ms. Barry noted that she is a yes on Article 17- Amend Zoning Bylaw – Sustainable Design for Hartwell Avenue (Citizen Petition). Ms. Hai noted that she is also a yes. Mr. Lucente noted that he is still a wait on Article 17. Ms. McKenna, 9 Hancock Street and Precinct 6 Town Meeting Member urged the Board to urge the proponents to delay Article 10 until the spring. She noted that, per Article 5, she is in favor of the new Police Station, but is not in favor of renovating a building that may sit empty until it can be agreed upon. Mr. Kanter, 48 Fifer Lane, stated he feels that it is prudent to get a swing space in hand now. ACTIONS: Review the speeches sent out by Ms. Axtell with a hopeful 24-hour turnaround. DOCUMENTS: Special Town Meeting 2021-1 Proposed Consent Agenda; STM 2021-1 Position Chart; Article 13 Motion; Article 15 Proposed amendment- Robert Creech; Article 13 Proposed amendment (substitute motion) Matt Daggett 7. Future Meeting Dates The Board discussed future meeting dates and times in 2022. The next regular Select Board meeting is scheduled for November 8, 2021, at 6:00 p.m., via Zoom. DOCUMENTS: 2022 Select Board Proposed Meeting dates - Calendar View; 2022 Select Board Proposed Meeting dates - List View ADJOURN Upon a motion duly made and seconded, the Select Board voted 5-0 to adjourn the meeting at 10:19 p.m. A true record; Attest: Kristan Patenaude Recording Secretary 9